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State v. Martin7/22/2003
FOR PUBLICATION
Defendant-Appellant Tommy G. Martin (Martin) appeals from two Judgments entered in the District Court of the Third Circuit, Hamakua Division at South Kohala, (district court) on May 16, 2001. Martin entered no contest pleas to and was convicted of Resisting an Order to Stop a Motor Vehicle (Resisting an Order to Stop), in violation of Hawaii Revised Statutes (HRS) § 710-1027(1) (1993), and Conditions of Operation and Registration of Motor Vehicles (No No-Fault Insurance), in violation of HRS § 431:10C-104(a) (Supp. 2002). Martin contends the district court erred when it denied his Motion to Withdraw Plea of Nolo Contendere (Motion to Withdraw Plea) to the charges. We conclude the district court erred in denying Martin's Motion to Withdraw Plea and, therefore, vacate the Judgments.
I. BACKGROUND
On May 1, 2000, Martin was charged by complaint with Count I, Driving Under the Influence of Intoxicating Liquor in violation of HRS § 291-4(a)(1) (Supp. 1999); Count II, Resisting an Order to Stop in violation of HRS § 710-1027(1) (1993); Count III, Driving While License Suspended or Revoked in violation of HRS § 286-132 (Supp. 1999); Count IV, Application for Registration (failure to register vehicle) in violation of HRS § 286-41 (1993 & Supp. 1999); Count V, Operation of a Vehicle Without a Certificate of Inspection in violation of HRS § 286-25 (1993); and Count VI, No No-Fault Insurance in violation of HRS § 431:10C-104(a) (Supp. 2002).
Martin initially entered a not guilty plea. During pretrial proceedings, defense counsel stated that Martin wished to plead no contest to Resisting an Order to Stop (Count II) and No No-Fault Insurance (Count VI). As to Count II, the defense requested that the State complete a presentence investigation regarding Martin's eligibility for a "DANC" (deferred acceptance of no contest) plea. As part of the plea agreement, the State agreed to not ask for incarceration and to dismiss the remaining four counts.
On October 5, 2000, the district court accepted Martin's no contest plea to No No-fault Insurance and Resisting an Order to Stop. The following exchange took place:
THE COURT: Your name is Tommy Martin?
[MARTIN]: Yes, sir, Your Honor.
THE COURT: You've heard that your attorney has indicated that you're going to enter a plea to the no fault insurance?
[MARTIN]: Yes, sir I am.
THE COURT: Is that going to be a guilty plea?
[DEFENSE COUNSEL]: A no contest.
[MARTIN]: No contest sir.
THE COURT: He's told you that if you plead no contest, the Court will find you guilty?
[MARTIN]: Beg your pardon, Your Honor?
THE COURT: Your attorney told you that if you plead no contest, the Court's going to find you guilty?
[MARTIN]: Yeah. Yes, sir.
THE COURT: Okay. And he told you that -- did he tell you that you're entitled to a trial?
[MARTIN]: Um, well, he told me that -- like you mean like a jury trial, Your Honor?
THE COURT: Well, you're entitled to a trial.
[MARTIN]: Oh. Yes, he did, Your Honor.
THE COURT: And you're entitled to, at that trial, you can cross-examine the witnesses that the prosecution may --
[MARTIN]: Yes, he did, Your Honor.
THE COURT: -- present. And you have the right to present witnesses on your own behalf. You understand that?
[MARTIN]: Yes, Your Honor.
THE COURT: And you have this right, even though you feel you're guilty.
[MARTIN]: Yes, Your Honor.
THE COURT: And if you enter a
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